Employees out of work due to a work-related injury may wonder whether they can quit their job while workers’ compensation benefits in Oklahoma. While most employees have the right to leave their job at any time, quitting may affect their right to continue receiving workers’ comp benefits.
Will I Lose My Benefits If I Quit My Job While on Workers’ Compensation?
If you decide to quit your job while receiving workers’ compensation benefits, you can expect to lose some of your benefits. In Oklahoma, the workers’ comp system provides medical benefits, temporary total disability benefits, and permanent disability benefits.
After leaving your employer while receiving benefits, you will continue to get medical benefits from your employer until you reach maximum medical improvement. However, quitting your job while actively receiving benefits may cause you to lose your temporary total disability benefits. If you leave your job to take a new position, you will likely lose your temporary disability benefits when you begin earning income from your new job. Depending on the circumstances, you should still receive permanent disability benefits if you leave your employer.
What Steps Should I Take to Quit My Job While on Workers’ Comp?
If you have decided to quit your job while still receiving workers’ comp benefits, steps you should take to help protect your rights include:
- Do not quit your job until you have another one lined up.
- Wait until you reach maximum medical improvement before leaving your current job unless you have limited time to accept another, much better job.
- Notify your employer or the workers’ compensation insurer as soon as possible if you decide to switch jobs or leave the workforce.
- Confirm that you can continue to receive medical benefits to treat your injury or illness.
Before you take any steps to leave your employer, you need to talk to a lawyer to go over your rights and obligations when quitting your job after getting workers’ comp.
Tips to Change Jobs Without Affecting a Workers’ Compensation Claim
Some tips to keep in mind to minimize the impact of changing jobs on your workers’ compensation claim include:
- Make sure to file your workers’ compensation claim before switching jobs since employers may deny a claim you make after you have already begun working for a new employer.
- If you have decided to leave the workforce because your injury prevents you from working, have your doctor provide medical documentation of your disability.
- Ideally, you should only switch jobs while pursuing workers’ comp if your new job pays more. If you earn less than you did before your injury, it should be because the injury prevents you from returning to a higher-paying position.
- Consider negotiating a settlement of your workers’ comp claim before you switch jobs so that you know what compensation you will receive before you leave your employer.
Contact an Oklahoma Workers’ Compensation Lawyer to Discuss Your Options
If you are receiving workers’ compensation benefits in Oklahoma, an experienced workman’s comp lawyer can help you learn more about your rights when leaving your position. Reach out to Ryan Bisher Ryan & Simons today for a free, no-obligation consultation